United States v. Labella

OPINION OF THE COURT ON PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF A WRIT OF MANDAMUS

ABERNATHY, Senior Judge:

We have consolidated these cases for decision since the operative facts and the legal issues arising therefrom are substantially identical. Further, the facts in these cases differ from those in United States v. Labella, 14 M.J. 688 (N.M.C.M.R.1982), only in that both of the subject accused were petty officers, and were not in a leave status at the time of the alleged offenses; further, certain of the events in question took place at the home of the accused, McIntosh.

Petitioner…